Updated at 2023-04-12
To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you” or “your”) and (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company BarInventory. Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.
If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilise the app or who owns or otherwise controls the means through which you utilise or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a license or to, the app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the app; (b) if you are using the app pursuant to a license purchased by an organisation, that you are authorised by that organisation to access and use the app(c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the software, delete it from your computing device.
The Application is licensed, not sold, to you by BarInventory for use strictly in accordance with the terms of this Agreement.
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, BarInventory grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;
(c) install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) unique days after installation.
(d) receive updates and new features that become available during the one (1) year period from the date on which you purchased the license to the Software.
You agree not to, and you will not permit others to:
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by BarInventory shall always remain the exclusive property of BarInventory (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to BarInventory’s Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use BarInventory’s Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of BarInventory’s Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of BarInventory’s Intellectual Property Rights. This shall not limit, however, any claim BarInventory may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, BarInventory reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to BarInventory with respect to the Application shall remain the sole and exclusive property of BarInventory.
BarInventory shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
BarInventory reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
BarInventory may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that BarInventory has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.